Sinkronisasi Antara Ketetapan Menteri Hukum dan Hak Asasi Manusia mengenai Penetapan Honor Kurator dan Pengurus dengan Ketentuan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang

Abstract

ABSTRACT Yohanes Sebastian Tambunan Sunarmi Budiman Ginting Jelly Leviza The curator and the management have completed their duties and obligations, then they are given an honorarium. In the bankruptcy law and stipulations of the minister of law and human rights, this term of honor is referred to as compensation for the services of the Curator and Management. However, in the explanation of the articles of the law, the term "honor" is used. Who determines the honorarium for the Curator/Management and in what amount is not explicitly regulated in the bankruptcy law. In practice, since the issuance of the bankruptcy law, the panel of judges decides the amount of honorarium for the Curator and Management, and has never guided the Decree/Regulation of the Minister of Law and Human Rights. There are court decisions that stipulate the honorarium of the Curator and Management which does not refer to the Regulation of the Minister of Law and Human Rights which should be binding. become a research study in this thesis. The Ministerial Regulation is the implementing regulation of the law. The problems discussed in this study are how the legal certainty of the honorarium of the Curator and Management in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations and the Decree of the Minister of Law and Human Rights Number 18 of 2021, how to implement the determination of the curator's honorarium in the decisions of the Minister of Law and Human Rights. bankruptcy decision, how to determine the ideal curator honorarium in the bankruptcy law regulations. The research method used is normative juridical which is defined as research that refers to legal norms contained in laws and regulations and court decisions. Legal certainty regarding the arrangement of the honorarium for Curators and Management is regulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU, but the nominal value of the honorarium is made in a Ministerial Regulation not regulated in Law Number 37 of 2004, nor in Ministerial Regulation Number 18 of 2021, resulting in a legal vacuum. Given these various conflicts, it is necessary to synchronize several regulations. In particular, it should be more firmly regulated in the new Bankruptcy Law Key words : Bankruptcy, Curator, Honorarium